Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-30
IMPORTANT DECREE
ENTERED IN THE UNITRDlSTATES DISTRICT
COURT, YESTERDAY,
In The Case Of Nimick ( Co '. John Bruce and
Others Stockholders in the kingO
Company Affected.

terday, IN the somewhat ceieOTateu CAUSE
of Nimick & Co. VS.. John Bruce, ct al,
Judge Jackson made decree which is OF
vital importance to considerable number
of our citizens and at the same time OF de-
cided interest to the business and manu-
featuring population of the Panhandle
counties OF this State, and Eastern Ohio
and Western Pennsylvania.
When the Mingo Iron Works Company
failed, some six or seven years ago, the
corporation owed about two hundred
thousand dollars to Pittsburg, West Slr-
ginio and Ohio creditors, in addition to the
mortgage bonds. The property Of the
Company was sold to satisfy the bond
holders, leaving the creditors out in the
cold. The creditors, after some little de-
Law, BEGAN proceedings in the Ohio Courts
AGAINST the stockholders of the Company
10 enforce the double liability under
the laws of Ohio. These proceed
iugs were concluded as against all stock
holders residing in Ohio OF who could be
served there. Quite a number OF stock
holders, however, resided i'm West Vir-
yinia, and could not, therefore, DO pro-
eeeded against in Ohio. A suit WAS lnstl-
tuted against these stockholders In the
Municipal Court of Wheeling, about 1882,
and the Court held that it could not enter
tain jurisdiction, mainly on the ground
that to do so would involve the settlement
and adjustment of the Mingo Iron Com
pany's affairs, q solvent corporation OF
Ohio, and sustained demurrer to the bill
and dismissed 1t.
The plaintiffs appealed the cause to the
Supreme Court of the State, and that body
sustained the Municipal Court in all re-
spects except one, but stated that while
they would not entertain jurisdiction oil
the suit, they suggested that perhaps the
plaintiffs could find remedy in another
form. Acting upon this hint, the plain
tifTs brought suit in the District Court OF
the United States.
Samuel Iaughlin, one OF the defendants,
having died, Col. Robert White, Of counsel
for the defense, suggested the fact, and
also stated that Sidney Laqghlin and Nor
gan l.. OFT had duly qualified as eXecu-
/ tors. A demurrer was then filed to the
| bill of compliments, the said demurrer
being identical with the demurrer filed by
Samuel Laughlin. Counsel tor complain
ants Joined in this demurrer, and upon a
hearing upon it, as well as the demurrerS
of +. NJ. Brown, George Otto, Henry Serig,
Joseph Grsyts, W. +. Stifel, Christian
Hess, John Rogers, Jr., and Louis Serig,
| the Court held that the bill Of complain
ant was sufficient in law, and oyerruled
each of the demurrerS. Leave was grant
ed the defendants to plead or answer in
| tue CLERKS office, on or before August list,
next
The decree entered says:
1T appearing to the Court that the Scire
ficias heretofore directed against John j.
Kahn was not issued, it was ordered that a
writ be issued against John j. Kahn, eX-
ecutOr of the will OF John Bruce, deceased,
returnable at May rules, to show cause
why the suit should not be revived and
proceededGn against him, As executor.
The motion heretofore made for de-
cree against Silas II. Hathaway, admins
traitor of the estate of Silas Hathaway de-
ceased, Michael LOTUS, john Z. Mendel,
b f. Roberts, II. Truxel, w. III. Travis,
executor of the will OF James II. Hepburn,
deceased, G.. p. Brown, administrator OF
the estate of NJ. j. Chew, deceased, ID. Z.
| Duyall, ID. f. Haines. David Ingram, w.
In. Iinch, Sarah II. Mendel, NJ. Bell
Mendel, G.. Ed Mendel, James Roberts
and Ross Meyers, having been fully con-
sidered by the Court, it is ordered, adj
Judged and d,ereed, that the defendants
named do pay to John j. Jones
who is appointed special re
ceiver of this Court for the
the purpose, the following amounts OF
money, with interest on each of the said
sums from November -, 1885, until paid:
'tSilas II. Hathaway, administrator,
81, 800; NJ. LOTUS, $3.50; j. r. Mendel,
Sl0O; J. V. Mendel, 500; L. F.
Roberts, $3.50; II. Truxell, $4,000;
W. II. Travis, executor, $4,000; c.
! p. Brown, administrator, $1,000; ID. ?.
| DuvaI, $500; d. c. Haines, 800; David
Ingram, So, 300; w. n. Llnch, $1,000;
Sarah NJ. Mendel, 5000; NJ. Belle Mendel,
500; e. Ed. Mendel, 500; James Roberts,
50, $50; Ross Myers, 81, 500. For each at
these several sums the cOmplainants have
leave to sue out executions in the name OF
John J. Jones, special receiver, against the
said several defendants heretofore directed
to make payment. 1t is further ordered
| that process issue against w. III. Woodward
oue--of the said defendants.
Judge Jackson, in his opinion, dealt
| principally with the two objections made.
One was, that the suit could not be main
tanned because the Company was an Ohio
corporation and could not he made party
here. The Judge followed an ingenious
theory, which had not been adyerted to in
the argument, and held that the MIngo
Company was q principal and the stock
holders suritieS, and that rs the principal
had already been proceeded against III
Ohio, the suit could he revived against the
surities here.
The other objection was, that the Ohio
| law Of the double liability, could not be
enforced by the Courts of another State.
The Judge held that the liability of the
stockholders was contract liability, and
could be enforced whenever stockholders
could be found.
The plaintiffs were represented by w.
b. HAYS, Of Steubenville, and W. p. Hub
hard and II. NJ. Russell, of this city, while
the defendants had as their counsel Col.
Robert White and Daniel Lamb. Several
other proceedings will have TO he had he
fore the matter is perfected, and then an
order of distribution must be entered, di-
viding the money among the creditors,
who arc mainly Wheeling and PittsbuIg
parties. The decree falls heavily upon
some of the defendants, two or three OF
them being widows, while Others are
working men, who had invested every
dollar they had in the world in the Mingo
Company.